(A)
There is no
privilege under section
2710.03 of the Revised Code for a
mediation communication to which any of the following applies:

(1)
The mediation communication is contained
in a written agreement evidenced by a record signed by all parties to the
agreement.

(2)
The mediation
communication is available to the public under section
149.43 of the Revised Code or made
during a session of a mediation that is open, or is required by law to be open,
to the public;

(3)
The mediation
communication is an imminent threat or statement of a plan to inflict bodily
injury or commit a crime of violence.

(4)
The mediation communication is
intentionally used to plan, attempt to commit, or commit a crime or to conceal
an ongoing crime or ongoing criminal activity.

(5)
The mediation communication is sought or
offered to prove or disprove a claim or complaint of professional misconduct or
malpractice filed against a mediator.

(6)
Except as otherwise provided in division
(C) of this section, the mediation communication is sought or offered to prove
or disprove a claim or complaint of professional misconduct or malpractice
filed against a mediation party, nonparty participant, or representative of a
party based on conduct occurring during a mediation.

(7)
Except as provided in sections
2317.02 and
3109.052 of the Revised Code, the
mediation communication is sought or offered to prove or disprove abuse,
neglect, abandonment, or exploitation in a proceeding in which a child or adult
protective services agency is a party, unless the case is referred by a court
to mediation and a public agency participates.

(8)
The mediation communication is required
to be disclosed pursuant to section
2921.22 of the Revised Code.

(9)
The mediation communication is
sought in connection with or offered in any criminal proceeding involving a
felony, a delinquent child proceeding based on what would be a felony if
committed by an adult, or a proceeding initiated by the state or a child
protection agency in which it is alleged that a child is an abused, neglected,
or dependent child.

(B)
There is no privilege under section
2710.03 of the Revised Code if a
court, administrative agency, or arbitrator finds, after a hearing in camera,
that the party seeking discovery or the proponent of the evidence has shown
that the evidence is not otherwise available, that the disclosure is necessary
in the particular case to prevent a manifest injustice, and that the mediation
communication is sought or offered in either of the following:

(2)
Except as
otherwise provided in division (C) of this section, a proceeding to prove a
claim to rescind or reform or a defense to avoid liability on a contract
arising out of the mediation.

(C)
A mediator may not be compelled to
provide evidence of a mediation communication referred to in division (A)(6) or
(B)(2) of this section.

(D)
If a
mediation communication is not privileged under division (A) or (B) of this
section, only the portion of the communication necessary for the application of
the exception from nondisclosure may be admitted. Admission of evidence under
division (A) or (B) of this section does not render the evidence, or any other
mediation communication, discoverable or admissible for any other purpose.